2029-S2 AMH CARL PETE 018
2SHB 2029 - H AMD 409
By Representative Carlyle
WITHDRAWN 3/30/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.14B.010 and 1991 c 54 s 9 are each amended to read as follows:
The legislature finds that the state and counties should be provided with an additional revenue source to fund enhanced 911 emergency communication systems throughout the state on a multicounty, county-wide, or district-wide basis. The legislature further finds that the most efficient and appropriate method of deriving additional revenue for this purpose is to impose an excise tax on the use of switched access lines, radio access lines, and interconnected voice over internet protocol service lines.
Sec. 2. RCW 82.14B.020 and 2007 c 54 s 16 and 2007 c 6 s 1009 are each reenacted and amended to read as follows:
As used in this chapter:
(1) (("Emergency services communication
system" means a multicounty, countywide, or districtwide radio or landline
communications network, including an enhanced 911 telephone system, which
provides rapid public access for coordinated dispatching of services,
personnel, equipment, and facilities for police, fire, medical, or other
emergency services.
(2))) "Enhanced 911 ((telephone)) communications
system" means a public telephone system consisting of a network, database,
and on-premises equipment that is accessed by dialing 911 and that enables
reporting police, fire, medical, or other emergency situations to a public
safety answering point. The system includes the capability to selectively
route incoming 911 calls to the appropriate public safety answering point that
operates in a defined 911 service area and the capability to automatically
display the name, address, and telephone number of incoming 911 calls at the
appropriate public safety answering point.
(((3))) (2) "Interconnected voice over
internet protocol service" has the same meaning as provided by the federal
communications commission in 47 C.F.R. Sec. 9.3 on January 1, 2009, or a
subsequent date determined by the department.
(3) "Interconnected voice over internet protocol service line"
means an interconnected voice over internet protocol service that offers an
active telephone number or successor dialing protocol assigned by a voice over
internet protocol provider to a voice over internet protocol service customer
that has inbound and outbound calling capability, which can directly access a
public safety answering point when such a voice over internet protocol service
customer has a place of primary use in the state.
(4) "Switched access line" means the telephone service
line which connects a subscriber's main telephone(s) or equivalent main
telephone(s) to the local exchange company's switching office.
(((4))) (5) "Local exchange
company" has the meaning ascribed to it in RCW 80.04.010.
(((5))) (6) "Radio access line"
means the telephone number assigned to or used by a subscriber for two-way
local wireless voice service available to the public for hire from a radio
communications service company. Radio access lines include, but are not
limited to, radio-telephone communications lines used in cellular telephone
service, personal communications services, and network radio access lines, or
their functional and competitive equivalent. Radio access lines do not include
lines that provide access to one-way signaling service, such as paging service,
or to communications channels suitable only for data transmission, or to
nonlocal radio access line service, such as wireless roaming service, or to a
private telecommunications system.
(((6))) (7) "Radio communications
service company" has the meaning ascribed to it in RCW 80.04.010, except
that it does not include radio paging providers. It does include those persons
or entities that provide commercial mobile radio services, as defined by Title
47 U.S.C. Sec. 332(d)(1), and both facilities-based and nonfacilities-based
resellers.
(((7))) (8) "Private
telecommunications system" has the meaning ascribed to it in RCW
80.04.010.
(((8))) (9) "Subscriber" means
the retail purchaser of telephone service as telephone service is defined in
RCW 82.16.010, or the retail purchaser of interconnected voice over internet
protocol service.
(((9))) (10) "Place of primary
use" has the meaning ascribed to it in RCW 82.04.065.
Sec. 3. RCW 82.14B.030 and 2007 c 54 s 17 and 2007 c 6 s 1024 are each reenacted and amended to read as follows:
(1) The legislative authority of a county may impose a
county enhanced 911 excise tax on the use of switched access lines in an amount
not exceeding ((fifty)) seventy cents per month for each switched
access line. The amount of tax shall be uniform for each switched access
line. Each county shall provide notice of such tax to all local exchange
companies serving in the county at least sixty days in advance of the date on
which the first payment is due. The tax imposed under this subsection shall
be remitted to the department of revenue by local exchange companies on a tax
return provided by the department. The tax shall be deposited in the county
enhanced 911 excise tax account as provided in section 4 of this act.
(2) The legislative authority of a county may also
impose a county enhanced 911 excise tax on the use of radio access lines whose
place of primary use is located within the county in an amount not exceeding ((fifty))
seventy cents per month for each radio access line. The amount of tax
shall be uniform for each radio access line. The county shall provide notice
of such tax to all radio communications service companies serving in the county
at least sixty days in advance of the date on which the first payment is due.
Any county imposing this tax shall include in its ordinance a refund mechanism
whereby the amount of any tax ordered to be refunded by the judgment of a court
of record, or as a result of the resolution of any appeal therefrom, shall be
refunded to the radio communications service company or local exchange company
that collected the tax, and those companies shall reimburse the subscribers who
paid the tax. The ordinance shall further provide that to the extent the
subscribers who paid the tax cannot be identified or located, the tax paid by
those subscribers shall be returned to the county. The tax imposed under
this section shall be remitted to the department of revenue by radio
communications service companies, including those companies that resell radio
access lines, on a tax return provided by the department. The tax shall be
deposited in the county enhanced 911 excise tax account as provided in section 4
of this act.
(3) The legislative authority of a county may impose
a county enhanced 911 excise tax on the use of interconnected voice over
internet protocol service lines in an amount not exceeding seventy cents per
month for each interconnected voice over internet protocol service line. The
amount of tax shall be uniform for each line and shall be levied on no more
than the number of voice over internet protocol service lines on an account
that are capable of simultaneous unrestricted outward calling to the public
switched telephone network. The interconnected voice over internet protocol
service company shall use the place of primary use of the subscriber to
determine which county's enhanced 911 excise tax applies to the service
provided by the subscriber. Each county shall provide notice of such tax to
all voice over internet protocol service companies serving in the county at
least sixty days in advance of the date on which the first payment is due. The
tax imposed under this section shall be remitted to the department of revenue
by interconnected voice over internet protocol service companies on a tax
return provided by the department. The tax shall be deposited in the county
enhanced 911 excise tax account as provided in section 4 of this act. To the
extent that a local exchange carrier and an interconnected voice over internet
protocol service company jointly provide a single service line, only one
service company will be responsible for remitting the enhanced 911 excise
taxes, and nothing in this section shall preclude service companies who jointly
provide service lines from agreeing by contract which of them shall remit the
taxes collected.
(4) Counties imposing a county enhanced 911 excise tax must provide an
annual update to the enhanced 911 coordinator detailing the proportion of their
county enhanced 911 excise tax that is being spent on:
(a) Efforts to modernize their existing 911 system; and
(b) Basic and enhanced 911 operational costs.
(5) A state enhanced 911 excise tax is imposed on all switched
access lines in the state. The amount of tax shall not exceed twenty-five
cents per month for each switched access line. The tax shall be uniform for
each switched access line. The tax imposed under this subsection shall be
remitted to the department of revenue by local exchange companies on a tax
return provided by the department. Tax proceeds shall be deposited by the
treasurer in the enhanced 911 account created in RCW 38.52.540.
(((4))) (6) A state enhanced 911 excise
tax is imposed on all radio access lines whose place of primary use is located
within the state in an amount of twenty-five cents per month for each
radio access line. The tax shall be uniform for each radio access line. The
tax imposed under this section shall be remitted to the department of revenue
by radio communications service companies, including those companies that
resell radio access lines, on a tax return provided by the department. Tax
proceeds shall be deposited by the treasurer in the enhanced 911 account
created in RCW 38.52.540. The tax imposed under this section is not subject to
the state sales and use tax or any local tax.
(((5))) A state enhanced 911 excise tax is
imposed on all interconnected voice over internet protocol service lines in the
state. The amount of tax shall not exceed twenty-five cents per month for each
interconnected voice over internet protocol service line whose place of primary
use is located in the state. The amount of tax shall be uniform for each line
and shall be levied on no more than the number of voice over internet protocol
service lines on an account that are capable of simultaneous unrestricted
outward calling to the public switched telephone network. The tax imposed
under this subsection shall be remitted to the department of revenue by
interconnected voice over internet protocol service companies on a tax return
provided by the department. Tax proceeds shall be deposited by the treasurer
in the enhanced 911 account created in RCW 38.52.540.
(8) By August 31st of each year the state
enhanced 911 coordinator shall recommend the level for the next year of the
state enhanced 911 excise tax imposed by subsection (((3))) (5)
of this section, based on a systematic cost and revenue analysis, to the
utilities and transportation commission. The commission shall by the following
October 31st determine the level of the state enhanced 911 excise tax for the
following year.
NEW SECTION. Sec. 4. A new section is added to chapter 82.14B RCW to read as follows:
(1) Counties imposing the enhanced 911 excise tax under RCW 82.14B.030 must contract with the department for the administration and collection of the tax prior to the effective date of a resolution or ordinance imposing the tax. The department may deduct a percentage amount, as provided by contract, of no more than two percent of the enhanced 911 excise taxes collected to cover administration and collection expenses incurred by the department. If a county imposes an enhanced 911 excise tax with an effective date of January 1, 2010, the county must contract with the department for the administration and collection of the tax by November 1, 2009.
(2) The remainder of any portion of the county enhanced 911 excise tax under RCW 82.14B.030 that is collected by the department must be deposited in the county enhanced 911 excise tax account hereby created in the custody of the state treasurer. Expenditures from the account may be used only for distribution to counties imposing the enhanced 911 excise tax. Only the state treasurer or his or her designee may authorize expenditures from the account. The account is not subject to allotment procedures under chapter 43.88 RCW, and an appropriation is not required for expenditures.
NEW SECTION. Sec. 5. A new section is added to chapter 82.14B RCW to read as follows:
(1) All moneys that accrue in the county enhanced 911 excise tax account created in section 4 of this act must be distributed monthly by the state treasurer to the counties in the amount of the taxes collected on behalf of each county, minus the administration and collection fee retained by the department as provided in section 4 of this act.
(2) If a county imposes by resolution or ordinance an enhanced 911 excise tax that is in excess of the maximum allowable county enhanced 911 excise tax provided in RCW 82.14B.030, the ordinance or resolution may not be considered void in its entirety, but only with respect to that portion of the enhanced 911 excise tax that is in excess of the maximum allowable tax.
Sec. 6. RCW 82.14B.061 and 2002 c 341 s 11 are each amended to read as follows:
(1) The department of revenue shall administer and shall adopt such rules as may be necessary to enforce and administer the state and county enhanced 911 excise taxes imposed by this chapter. Chapter 82.32 RCW, with the exception of RCW 82.32.045, 82.32.145, and 82.32.380, applies to the administration, collection, and enforcement of the state and county enhanced 911 excise taxes.
(2) The state and county enhanced 911 excise taxes imposed by this chapter, along with reports and returns on forms prescribed by the department, are due at the same time the taxpayer reports other taxes under RCW 82.32.045. If no other taxes are reported under RCW 82.32.045, the taxpayer shall remit tax on an annual basis in accordance with RCW 82.32.045.
(3) The department of revenue may relieve any taxpayer or class of taxpayers from the obligation of remitting monthly and may require the return to cover other longer reporting periods, but in no event may returns be filed for a period greater than one year.
(4) The state enhanced 911 excise taxes imposed by this chapter are in addition to any taxes imposed upon the same persons under chapters 82.08 and 82.12 RCW.
Sec. 7. RCW 82.14B.060 and 1998 c 304 s 5 are each amended to read as follows:
A county legislative authority imposing a tax under this
chapter shall establish by ordinance all necessary and appropriate procedures
for the ((administration and collection of the tax, which ordinance shall
provide for reimbursement to the telephone companies for actual costs of
administration and collection of the tax imposed. The ordinance shall also
provide that the due date for remittance of the tax collected shall be on or
before the last day of the month following the month in which the tax liability
accrues)) acceptance of the county enhanced 911 excise taxes by the
department.
Sec. 8. RCW 82.14B.040 and 2002 c 341 s 9 are each amended to read as follows:
The state enhanced 911 excise tax and the county
enhanced 911 excise tax on switched access lines shall be collected from
the subscriber by the local exchange company providing the switched access
line. The state enhanced 911 excise tax and the county 911 excise
tax on radio access lines shall be collected from the subscriber by the radio
communications service company providing the radio access line to the
subscriber. The state and county enhanced 911 excise taxes on
interconnected voice over internet protocol service lines shall be collected
from the subscriber by the interconnected voice over internet protocol service
company providing the interconnected voice over internet protocol service line
to the subscriber. The amount of the tax shall be ((stated separately
on the billing statement which is sent)) indicated to the
subscriber.
Sec. 9. RCW 82.14B.042 and 2002 c 341 s 10 are each amended to read as follows:
(1) The state and county enhanced 911 excise
taxes imposed by this chapter must be paid by the subscriber to the local
exchange company providing the switched access line ((or)), the
radio communications service company providing the radio access line, or the
interconnected voice over internet protocol service company providing
interconnected voice over internet protocol service, and each local
exchange company ((and)), each radio communications service
company, and each interconnected voice over internet protocol service
company shall collect from the subscriber the full amount of the taxes
payable. The state and county enhanced 911 excise taxes required by
this chapter to be collected by ((the local exchange company or the radio
communications service)) a company are deemed to be held in trust by
the ((local exchange company or the radio communications service))
company until paid to the department. Any local exchange company ((or)),
radio communications service company, or interconnected voice over internet
protocol service company that appropriates or converts the tax collected to
its own use or to any use other than the payment of the tax to the extent that
the money collected is not available for payment on the due date as prescribed
in this chapter is guilty of a gross misdemeanor.
(2) If any local exchange company ((or)),
radio communications service, or interconnected voice over internet protocol
service company fails to collect the state or county enhanced 911
excise tax or, after collecting the tax, fails to pay it to the department in
the manner prescribed by this chapter, whether such failure is the result of
its own act or the result of acts or conditions beyond its control, the ((local
exchange company or the radio communications service)) company is
personally liable to the state for the amount of the tax, unless the ((local
exchange company or the radio communications service)) company has taken
from the buyer in good faith a properly executed resale certificate under RCW
82.14B.200.
(3) The amount of tax, until paid by the subscriber to
the local exchange company, the radio communications service company, the
interconnected voice over internet protocol service company, or to the
department, constitutes a debt from the subscriber to the ((local exchange
company or the radio communications service)) company. Any ((local
exchange company or radio communications service)) company that fails or
refuses to collect the tax as required with intent to violate the provisions of
this chapter or to gain some advantage or benefit, either direct or indirect,
and any subscriber who refuses to pay any tax due under this chapter is guilty
of a misdemeanor. The state and county enhanced 911 excise taxes
required by this chapter to be collected by the local exchange company ((or)),
the radio communications service company, or the interconnected voice over
internet protocol service company must be stated separately on the billing
statement that is sent to the subscriber.
(4) If a subscriber has failed to pay to the local
exchange company ((or)), the radio communications service company,
or the interconnected voice over internet protocol service company the
state or county enhanced 911 excise taxes imposed by this chapter ((and)),
the ((local exchange company or the radio communications service))
company ((has not paid the amount of the tax to the department,)) is
not liable for a subscriber's failure to pay the state or county enhanced 911
excise tax. The department may, in its discretion, proceed directly against
the subscriber for collection of the tax, in which case a penalty of ten
percent may be added to the amount of the tax for failure of the subscriber to
pay the tax to the ((local exchange company or the radio communications
service)) company, regardless of when the tax is collected by the
department. Tax under this chapter is due as provided under RCW 82.14B.061.
Sec. 10. RCW 82.14B.050 and 1981 c 160 s 5 are each amended to read as follows:
The proceeds of any tax collected under this chapter
shall be used by the county only for the ((emergency services)) enhanced
911 communications system.
Sec. 11. RCW 82.14B.070 and 1994 c 54 s 1 are each amended to read as follows:
In lieu of providing a county-wide system of ((emergency
service)) enhanced 911 communications, the legislative
authority of a county may establish one or more less than county-wide ((emergency
service)) enhanced 911 communications districts within the
county for the purpose of providing and funding ((emergency service)) enhanced
911 communications systems. An ((emergency service)) enhanced
911 communications district is a quasi-municipal corporation, shall
constitute a body corporate, and shall possess all the usual powers of a
corporation for public purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but not limited to,
the authority to hire employees, staff, and services, to enter into contracts,
and to sue and be sued.
The county legislative authority shall be the governing
body of an ((emergency service)) enhanced 911 communications
district. The county treasurer shall act as the ex officio treasurer of the ((emergency
services)) enhanced 911 communications district. The
electors of an ((emergency service)) enhanced 911 communications
district are all registered voters residing within the district.
A county legislative authority proposing to consolidate
existing ((emergency service)) enhanced 911 communications
districts shall conduct a hearing at the time and place specified in a notice
published at least once, not less than ten days prior to the hearing, in a
newspaper of general circulation within the ((emergency service)) enhanced
911 communications districts. All hearings shall be public and the
county legislative authority shall hear objections from any person affected by
the consolidation of the ((emergency service)) enhanced 911
communications districts. Following the hearing, the county legislative
authority may consolidate the ((emergency service)) enhanced 911
communications districts, if the county legislative authority finds the
action to be in the public interest and adopts a resolution providing for the
action. The county legislative authority shall specify the manner in which
consolidation is to be accomplished.
A county legislative authority proposing to dissolve an
existing ((emergency service)) enhanced 911 communications
district shall conduct a hearing at the time and place specified in a notice
published at least once, not less than ten days prior to the hearing, in a
newspaper of general circulation within the ((emergency service)) enhanced
911 communications district. All hearings shall be public and the
county legislative authority shall hear objections from any person affected by
the dissolution of the ((emergency service)) enhanced 911
communications district. Following the hearing, the county legislative
authority may dissolve the ((emergency service)) enhanced 911
communications district, if the county legislative authority finds the
action to be in the public interest and adopts a resolution providing for the
action. The county legislative authority shall specify the manner in which
dissolution is to be accomplished and shall supervise the liquidation of any
assets and the satisfaction of any outstanding indebtedness.
Sec. 12. RCW 82.14B.090 and 1991 c 54 s 13 are each amended to read as follows:
An ((emergency service)) enhanced 911
communications district is authorized to finance and provide an ((emergency
service)) enhanced 911 communications system and to finance
the system by imposing the excise tax authorized in RCW 82.14B.030.
Sec. 13. RCW 82.14B.150 and 2004 c 153 s 309 are each amended to read as follows:
(1) A local exchange company ((or)), radio
communications service company, or interconnected voice over internet
protocol service company shall file tax returns on a cash receipts or
accrual basis according to which method of accounting is regularly employed in
keeping the books of the company. A ((local exchange company or radio
communications service)) company filing returns on a cash receipts basis is
not required to pay tax on debt subject to credit or refund under subsection
(2) of this section.
(2) A local exchange company ((or)), radio
communications service company, or interconnected voice over internet
protocol service company is entitled to a credit or refund for state and
county enhanced 911 excise taxes previously paid on bad debts, as that term
is used in Title 26 U.S.C. Sec. 166, as amended or renumbered as of
January 1, 2003.
Sec. 14. RCW 82.14B.200 and 2002 c 341 s 12 are each amended to read as follows:
(1) Unless a local exchange company ((or a)),
radio communications service company, or interconnected voice over internet
protocol service company has taken from the buyer a resale certificate or
equivalent document under RCW 82.04.470, the burden of proving that a sale of
the use of a switched access line ((or)), radio access line,
or interconnected voice over internet protocol service line was not a sale
to a subscriber is upon the person who made the sale.
(2) If a local exchange company ((or a)),
radio communications service company, or interconnected voice over internet
protocol service company does not receive a resale certificate at the time
of the sale, have a resale certificate on file at the time of the sale, or
obtain a resale certificate from the buyer within a reasonable time after the
sale, the local exchange company or the radio communications service company
remains liable for the tax as provided in RCW 82.14B.042, unless the local
exchange company ((or)), the radio communications service company,
or the interconnected voice over internet protocol service company can
demonstrate facts and circumstances according to rules adopted by the
department of revenue that show the sale was properly made without payment of
the state or county enhanced 911 excise tax.
(3) The penalty imposed by RCW 82.32.291 may not be assessed on state or county enhanced 911 excise taxes due but not paid as a result of the improper use of a resale certificate. This subsection does not prohibit or restrict the application of other penalties authorized by law.
Sec. 15. RCW 38.52.520 and 1991 c 54 s 4 are each amended to read as follows:
A state enhanced 911 coordination office, headed by the state enhanced 911 coordinator, is established in the emergency management division of the department. Duties of the office shall include:
(1) Coordinating and facilitating the implementation and operation of enhanced 911 emergency communications systems throughout the state;
(2) Seeking advice and assistance from, and providing staff support for, the enhanced 911 advisory committee; and
(3) ((Recommending to the utilities and
transportation commission by August 31st of each year the level of the state
enhanced 911 excise tax for the following year.)) Considering base needs
of individual counties for specific assistance, specify rules defining the
purposes for which available state enhanced 911 funding may be expended, with
the advice and assistance of the enhanced 911 advisory committee; and
(4) Providing an annual update to the enhanced 911 advisory committee on
how much money each county has spent on:
(a) Efforts to modernize their
existing 911 system; and
(b) Basic and enhanced 911 operational costs.
Sec. 16. RCW 38.52.532 and 2006 c 210 s 2 are each amended to read as follows:
On an annual basis, the enhanced 911 advisory committee shall provide an update on the status of enhanced 911 service in the state to the appropriate committees in the legislature. The update must include progress by counties towards creating greater efficiencies in enhanced 911 operations including, but not limited to, regionalization of facilities, centralization of equipment, and statewide purchasing.
Sec. 17. RCW 38.52.540 and 2002 c 371 s 905 and 2002 c 341 s 4 are each reenacted and amended to read as follows:
(1) The enhanced 911 account is created in the state
treasury. All receipts from the state enhanced 911 excise taxes imposed by RCW
82.14B.030 ((shall)) must be deposited into the account. Moneys
in the account ((shall)) must be used only to support the
statewide coordination and management of the enhanced 911 communications
system, for the implementation of wireless enhanced 911 statewide, for the
modernization of enhanced 911 communications systems statewide, and to help
supplement, within available funds, the operational costs of the system,
including adequate funding of counties to enable implementation of wireless
enhanced 911 service ((and reimbursement of radio communications service
companies for costs incurred in providing wireless enhanced 911 service
pursuant to negotiated contracts between the counties or their agents and the
radio communications service companies)) and cost recovery for the
deployment, improvement, and maintenance of phase I and phase II wireless
enhanced 911 service, including costs expended by the radio communications
service company for such purposes, and for expenses of administering the fund.
(2) Funds generated by the enhanced 911 excise tax imposed by RCW 82.14B.030(3) shall not be distributed to any county that has not imposed the maximum county enhanced 911 excise tax allowed under RCW 82.14B.030(1). Funds generated by the enhanced 911 excise tax imposed by RCW 82.14B.030(4) shall not be distributed to any county that has not imposed the maximum county enhanced 911 excise tax allowed under RCW 82.14B.030(2).
(3) The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, is authorized to enter into statewide agreements to improve the efficiency of enhanced 911 services for all counties and shall specify by rule the additional purposes for which moneys, if available, may be expended from this account.
(((4) During the 2001-2003 fiscal biennium, the
legislature may transfer from the enhanced 911 account to the state general
fund such amounts as reflect the excess fund balance of the account.))
Sec. 18. RCW 38.52.545 and 2001 c 128 s 3 are each amended to read as follows:
In specifying rules defining the purposes for which
available state enhanced 911 moneys may be expended, the state enhanced
911 coordinator, with the advice and assistance of the enhanced 911 advisory
committee, shall consider base needs of individual counties for specific
assistance. Priorities for available enhanced 911 funding are as follows: (1)
To assure that 911 dialing is operational statewide; (2) to assist counties as
necessary to assure that they can achieve a basic service level for 911
operations; and (3) to assist counties as practicable to acquire items of a
capital nature appropriate to ((increasing)) modernize systems and
increase 911 effectiveness.
Sec. 19. RCW 38.52.550 and 2002 c 341 s 5 are each amended to read as follows:
A telecommunications company, ((or)) radio
communications service company, ((providing emergency communications systems
or services)) interconnected voice over internet protocol service
company, or a business or individual providing database information to enhanced
911 emergency communication ((system)) service personnel
shall not be liable for civil damages caused by an act or omission of the
company, business, or individual in the:
(1) Good faith release of information not in the public record, including unpublished or unlisted subscriber information to emergency service providers responding to calls placed to a 911 or enhanced 911 emergency service; or
(2) Design, development, installation, maintenance, or provision of consolidated 911 or enhanced 911 emergency communication systems or services other than an act or omission constituting gross negligence or wanton or willful misconduct.
Sec. 20. RCW 38.52.561 and 2002 c 341 s 6 are each amended to read as follows:
The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, shall set nondiscriminatory, uniform technical and operational standards consistent with the rules of the federal communications commission for the transmission of 911 calls from radio communications service companies and interconnected voice over internet protocol service companies to enhanced 911 emergency communications systems. These standards must not exceed the requirements set by the federal communications commission. The authority given to the state enhanced 911 coordinator in this section is limited to setting standards as set forth in this section and does not constitute authority to regulate radio communications service companies or interconnected voice over internet protocol service companies.
Sec. 21. RCW 43.79A.040 and 2008 c 208 s 9, 2008 c 128 s 20, and 2008 c 122, s 24 are each reenacted and amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the county enhanced 911 excise tax account, the Washington international exchange scholarship endowment fund, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, and the reading achievement account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 22. RCW 43.79A.040 and 2008 c 239 s 9, 2008 c 208 s 9, 2008 c 128 s 20, and 2008 c 122 s 24 are each reenacted and amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the county enhanced 911 excise tax account, the Washington international exchange scholarship endowment fund, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, the reduced cigarette ignition propensity account, and the reading achievement account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 23. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 24. The office of the code reviser may alphabetize the account names in RCW 43.79A.040 during codification.
NEW SECTION. Sec. 25. Sections 1 through 3, 5, 8 through 20, 23, and 24 of this act take effect January 1, 2010.
NEW SECTION. Sec. 26. Section 22 of this act takes effect August 1, 2009.
NEW SECTION. Sec. 27. Section 21 of this act expires August 1, 2009."
Correct the title.
EFFECT: Restructures language to work within existing E-911 statutes. Allows a local exchange carrier and VOIP provider to contractually arrange as to who will remit the E-911 charge.
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